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Fitness to plead refers to a criminal defendant’s ability to participate at trial. The purpose of fitness-to-plead laws is to protect the rights of vulnerable individuals who are unable to defend themselves in court and to preserve natural justice in the legal system while balancing the needs to see …
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Québec courts are experiencing an increase in the number of parties without legal representation. Although this trend is generally presented as a problem that generates extra costs and delays for the courts, the central issue is clearly that a large segment of the population is unable to afford legal expenses. However, what is the legal status of non-representation : is acting alone a right ? Although this is the approach generally taken by the courts, the extent of the right is strongly limited by the discretionary way it is implemented. An important distinction must be made between criminal and civil cases, in particular concerning protection for a right that is constitutional in criminal cases, but legislative in civil cases. Despite the lack of knowledge about the reasons why people choose not to be represented by a lawyer, a survey of the jurisprudence shows that acting alone is often considered to be a choice, which then has a significant effect on the implementation of the related judicial guarantees.
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"Of all the issues that bring mental health practitioners and the criminal courts together, fitness to stand trial is by far the most common. In Canada, thousands of fitness assessments, psychiatric reports, fitness hearings, and verdicts of either “fit” or “unfit” to stand trial are rendered every year. For such a common event, one would be inclined to think that, for the most part, the law is uncontroversial; that most of the issues have been settled. Fitness to Stand Trial lays out the law as it is seemingly settled, and discusses several areas where the law is much less settled."--Résumé de l'éditeur.
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The article discusses the English case law under the notion of best interest test as articulated that lead to the development of fitness to plead in New Zealand. It examines the idea of decisional capacity and its start to turn fitness jurisprudence more decisively towards a capacity-based notion of trial competence. Also mentioned is the developments of case law where the best interest standard is discussed and its future implications on law.
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